Superannuation (Resolution of Complaints) Act 1993 (Repealed)

PART 4 - COMPLAINTS, PROCEDURAL MATTERS RELATING TO COMPLAINTS AND COMPLAINTS THE TRIBUNAL CANNOT DEAL WITH  

SECTION 15B   COMPLAINTS ABOUT DECISIONS OF INSURERS UNDER ANNUITY POLICIES  

15B(1)   [Grounds for complaint]  

Subject to subsection (3) and to section 15C , a person may, at any time, complain to the Tribunal that a decision of the insurer under an annuity policy is or was unfair or unreasonable.

15B(2)   [Notice by insurer]  

If a person is given a notice by an insurer in respect of an annuity policy setting out:

(a) the insurer ' s decision in relation to the person ' s objection to the proposed payment of a death benefit under the policy; and

(b) the prescribed period within which the person must complain to the Tribunal about the decision;

the person may only complain to the Tribunal within that period.

15B(3)   [Complaint must be within prescribed period]  

The Tribunal cannot deal with a complaint under this section that must be made within the prescribed period referred to in subsection (2) if the complaint is not made within that period.

15B(4)   [Decision relates to matter particular to complainant]  

The Tribunal cannot deal with a complaint under this section unless the decision relates to a matter that is particular to the complainant.

15B(5)   [Manner of making complaint]  

A complaint under this section is to be made by sending or delivering a written complaint to the office of the Tribunal.

15B(6)   [Matters to which Tribunal must have regard]  

When a complaint is made under this section about a decision of an insurer under an annuity policy, the Tribunal must, in determining whether that decision is or was unfair or unreasonable, have regard, in particular:

(a) to the seriousness of any failure to discharge an obligation under the terms of the policy; and

(b) to any action taken by the insurer that is contrary to the best interests of the insured or any other person having an interest under the policy.

Note:

See section 3 for the definition of annuity policy .